Court Claim - lloyds overdraft Lowell group

[Amethyst]

Re: Court Claim - lloyds overdraft Lowell group

Goodness me they are being a pain in the butt lately.

It will obviously get things sorted quicker if you can call them, just tell them at the beginning of the call you do not wish to discuss the case you are just calling to confirm your identity and that they may correspond with you via email. If they try discussing the case remind them you are only calling to confirm your identity for data protection and any communication regarding the case should be in writing.

If you don't feel up to it, and that's understandable completely, then write them an email back and tell them if they do not wish to communicate by email then they may write to you by snail mail at the address they issued the court claim to ( and quote your address in the email).

[Jojo9786]

Re: Court Claim - lloyds overdraft Lowell group

Thank you I will try calling them. Would like to sort this asap. I am assuming that they are only going to ask for my D.O.B and address of the debt. I don't have any other information regarding the account, and can't see why they would need any other information.

[Jojo9786]

Re: Court Claim - lloyds overdraft Lowell group

Hello

BW Legal have written back to me, they've emailed it as a PDF and I don't know how to post a copy of it on here.

They've said they will add as £50 admin fee, and will need my income and expenditure before putting it to their client. But they are asking for my employers information. I work with partners family and really could do without them knowing about this. Can they really request this information? They also want a full detailed explanation as to why I can only offer £5 a month. Is maternity leave not enough? They also want to know what security I have to offer, what pension I have? They also want to know my partners income. But in my partners eyes its my debt and my problem which I agree with, I wouldn't ask him to pay for it even if we could afford it.

They have said if I don't complete this form and supply this information then I best submit my defence by the time allocated. Can someone help I'm really not sure what to do now, I don't want my employer knowing and also I will be receiving my last full time wage next week and then after that I will be on SMP, do I have write the income I am on today or the income I will be living off the next 9 months.

So confused now that isn't going to be easy and I'm panicking. If anyone can help I'd appreciate it so much.

[joedempsey]

Re: Court Claim - lloyds overdraft Lowell group

looks like to me they are just trying it on...Admin fee for what????name of your employer pension details???security???
I would ignore and withdraw the offer without prejudice.
they not playing the game fair do ignore them.

[Jojo9786]

Re: Court Claim - lloyds overdraft Lowell group

It says an admin fee for setting up the consent order. If it was just that I can understand but I can't see why they need my employers information. Whether I'm paying a pension, I have nothing to even offer as security I thought a consent order was security.
Trouble is now I've acknowledge the claim that I wish to defend what happens if I now make an offer through the courts. Aren't they going to ask why I wanted to defend but now don't.
Bw legal have given me 7 days to respond but as I've mentioned I'm about to give birth so going to be out of action and don't want to miss deadlines etc.
they also want all of this before Lowell will even access my offer so how do I know it won't take long than when my claim is due in court?

[joedempsey]

Re: Court Claim - lloyds overdraft Lowell group

It says an admin fee for setting up the consent order. If it was just that I can understand but I can't see why they need my employers information. Whether I'm paying a pension, I have nothing to even offer as security I thought a consent order was security.
Trouble is now I've acknowledge the claim that I wish to defend what happens if I now make an offer through the courts. Aren't they going to ask why I wanted to defend but now don't.
Bw legal have given me 7 days to respond but as I've mentioned I'm about to give birth so going to be out of action and don't want to miss deadlines etc.
they also want all of this before Lowell will even access my offer so how do I know it won't take long than when my claim is due in court?

They have no right to ask for your pension payments not even in bankruptcy is a pension included so a debt for this amount is laughable.
it shouldn't matter that you have acknowledged the claim to defend in full you can always come to mediation before the court date.
I would also ask for a extension explaining you are ready to,have a baby.
as for given you 7 days to respond you have made an offer tell them take it or leave it.

good luck with your new sibling and dont worry too much they are not really worth it.

[Jojo9786]

Re: Court Claim - lloyds overdraft Lowell group

Thankyou.

What do you mean by mediation? And who do I ask for an extension? the courts?

I didn't really want to end up with a CCJ if I could help it considering the amount I just can't warrant that information being asked. Why is my partners income relevant?

[Amethyst]

Re: Court Claim - lloyds overdraft Lowell group

Can you forward their email to me - admin@legalbeagles.info

An income and expenditure sheet should suffice fine - for YOUR income and expenditure - from when you are going to be on SMP.

But let me look at their letter first xxx

[Amethyst]

Re: Court Claim - lloyds overdraft Lowell group

Oh, and don't panic, they are just trying it on and we can carry on with defending if they won't negotiate properly.

The 'intend to defend' bit is JUST to extend the time you have to deal with the claim before submitting your defence, or admission, and is completely disregarded by the court, so you needn't worry on that account.

With regards the extension this would be agreed between you and B W Legal (urrghhhh) but don't worry about that yet.

[Jojo9786]

Re: Court Claim - lloyds overdraft Lowell group

Thank-you i have emailed you the letter. Let me know if you haven't received it or can't see it. Also do If i am to list my expenditures do i have to list other debts i have, even though i haven't acknowledged them in years?

[Amethyst]

Re: Court Claim - lloyds overdraft Lowell group

Got it thank you.

The £50 seems to be their charge for drafting the consent order. We could just draft our own.

The income expenditure should be filled in with just your details and income expenditure (as it will be next month) and yes you should put your other debts on there.

[Amethyst]

Re: Court Claim - lloyds overdraft Lowell group

IN THE Northampton COUNTY COURT Business Centre

Claim No. xxxxxx

BETWEEN:
Lowell
Claimant
- and –
Defendant
Jojo9786

_________________________________

CONSENT ORDER
_________________________________

Before District Judge

On the day of 2014 sitting at County Court

UPON the parties having agreed terms of settlement

BY CONSENT

IT IS ORDERED that all further proceedings in this action be stayed upon the terms set out in the schedule hereto save for the purpose of enforcing and carrying into effect the said terms with liberty to apply for that purpose.

AND IT IS FURTHER ORDERED that all parties will bear their own costs

SCHEDULE

The Claimant agrees to accept the sum of £550 in settlement of the total claim payable by instalments of £5 per calendar month, the first payment to be made on or before the first day of December 2014 and each subsequent instalment to be paid on or before the last day of each consecutive month thereafter.

1. The Claimant agrees not to enter Judgment on the condition that the above arrangement is maintained

1. The Claimant be at liberty to restore proceedings if the Defendant defaults in the payment arrangement.

The Defendant agrees to review the instalment sum at six monthly intervals.


________________________ __________________________
Solicitors for Claimant Defendant

[Jojo9786]

Re: Court Claim - lloyds overdraft Lowell group

Ok but can they contact other debt collection agencies with this information? So I can ignore the employers information partners information etc? What would I reply about drafting my own consent order? I also do not have access to a printer can I just email back my income and expenditure? And dependants aswell they don't need to know this. My partner claims the child benefit in his name and it goes into his bank so I see none of it away.

[Jojo9786]

Re: Court Claim - lloyds overdraft Lowell group

Hello,

Can someone help me again with this letter I need to send back to BW Legal. They asked for a £50 admin charge and a income and expenditure sheet. Which is below, the only thing I forgot was that I am offering to pay them monthly but I am paid four weekly.

Do I tell them I am paid four weekly or make a payment offer for every four weeks.

If anyone can make any suggestions I'd so appreciate it.

Also with my expenditure I pay my partner £300 every four weeks and all the bills come out of his bank and are in his name.

Do I need to list council tax etc like I have below or can I simply explain that I am paying £300 a month rent.

Also I am listing my creditors, but they don't have permission to contact these creditors do they?

Thanks again

Hello,
Further to your email on the 12th of November 2014, please find attached a consent order which I have drafted.
I think there will be no need for the £50 admin fee if I have provided consent order.
I would appreciate the use of a consent order as I have explained I am due to give birth any day, and I am not in a financial situation where I can offer more than £5 a month. However when I am back in full time employment, I would be able to contact you to review my finances where I could then possibly increase the payments.
Please find below my Income and Expenditure.
Income: £552.72 every four weeks.
Outgoings
£230 Rent
£30 Council Tax
£15 Gas
£15 Electric
£10 Water
£12.50 TV and Licensing
£28.00 Phone Bill
£45.00 Petrol
£90 Food and Housekeeping
£22.08 Car Tax
£11.00 Children's Clothes
£38.88 Car Insurance
Which leaves me with £5.26 Every four weeks.
I have also listed my creditors below. I do not make any contribution towards these debts.
Creditor 1
Creditor 2
Creditor 3
Creditor 4
Creditor 5
Creditor 6
Creditor 7

[Amethyst]

Re: Court Claim - lloyds overdraft Lowell group

Did they send you an income expenditure form? You should fill that in rather than put it in the letter. The amounts in your IE do sound fine however I would divide everything by 4, times by 52 and divide by 12 to give them monthly figures.

Per Calendar Month


598.78 Income


249.17 rent
32.50 council taxx
16.25 gas
16.25 electric
10.83 water
13.54 tv licence
30.33 phone bill
48.75 petrol
97.50 food/housekeeping
23.92 car tax
11.92 childrens clothing
42.12 car insurance


Leaves £5.70



Dear B W Legal

Without Prejudice

Further to your email on the 12th of November 2014, I have drafted a consent order (attached) in order to save additional costs.

I would appreciate getting this sorted out as soon as possible as I have previously explained I am due to give birth any day and am finding this very stressful. As you will see from my attached Income/Expenditure sheet I am not currently in a financial situation where I can offer more than £5 a month.

However when I am back in full time employment, I would be in a position review my finances with a view to increasing the payments.

I would appreciate a response within seven days. In the event your client does not wish to accept this offer please be advised I do intend to defend their claim in full.

Kind regards


JoJo






Almost as hard to pay them, as to defend their claim isn't it lol.